Terms and Conditions
LAST UPDATED: May 08, 2017
Contact customer service for any reason at +1-888-825-9321. Customer service hours are as follows: Monday - Friday at 8am to 5pm PST. Customer service will be closed on all major holidays.
This (“Site”) is the property of Fitoru, LLC (“Us” or “We” or “Our” or “Company”). Please read these terms and conditions (“Terms”) carefully before using this Site on any computer, mobile phone, tablet, console or other device (“Device”). By accessing and using this Site, you unconditionally agree to be bound by these Terms and all policies therein. If you do not agree to these Terms, do not access or use the Site. All users agree to be bound by any and all revisions and should periodically revisit this page to review the then current Terms. Individuals must be 18 years of age or older to use this Site and you warrant that you are 18 years of age or older.
You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a last modified date. If the last modified date remains unchanged, then You may presume that no changes have been made since the last modified date. A changed last modified dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
PRODUCT DISCLAIMER: I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.
I understand the information on this Web site or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care.
I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that Fitoru is not intended or to be used to treat or prevent any type of medical condition or disease.
WARNING: Not intended for use by persons under 18 years of age. Consult a physician before using this product if You have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications.
"Purchase Option" Specific Terms and Conditions:
Please note that we offer our customers two different options for purchasing our products.
Most Fitoru deals is a one-time purchase option whereby you would pay a one time charge for a specific amount of product. You would be charged immediately for your purchase and your product would be shipped within 24 hours. Additionally; you would never receive any future shipments from us, nor be charged ever again unless you contact us to place another order.
Fitoru One-Time Purchase Terms and Conditions:
Please take a few minutes to read the following, as by concluding your One-Time Purchase of Fitoru you automatically accept the following terms and conditions.
We are confident you will see the benefits of using our Fitoru Product. You are taking the next step toward a more fit & healthy you!
Upon concluding your purchase, the credit card you provide will be charged a One-time fee equivalent to the price as quoted related to the package you select. You will always be quoted a complete price inclusive of the product, shipping & handling -- and this is the charge that will appear on your credit card. You will only ever be charged the quoted purchase price this one time, and you will never receive any future product or charges from us.
If you feel Fitoru is not for you for any reason, simply call us within 30 days from the order date to make arrangements for the return of the product and our customer service team will provide you with an RMA number and instructions. Please note that there may be a returns fee as detailed in the "Refund Policy" section that is applicable for all returns.
Please note results may vary, but with continuous use of Fitoru, we are confident you will see the results you are trying to achieve.
All fees are payable in United States currency. Failure to use the Fitoru Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Fitoru, LLC in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Fitoru, LLC reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or receipt of the Fitoru Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Fitoru, LLC authorization to provide and bill for the Fitoru, LLC Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Fitoru, LLCs' reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any auto-ship program payments, such overdue amounts will be subject to your account being deactivated, in which case no further product will be shipped to you and access to the Membership site will be denied, for non-payment.
Upon confirming your order you will be shipped one pack of Fitoru. Orders are shipped within 24 hours (Monday through Friday) using our standard USPS First Class shipping method and delivery generally takes as little as 2 to 4 days depending on your geographic location. Please be advised that shipments are not sent on weekends or any USPS Holidays. Fitoru, LLC does not guarantee specific arrival dates or times.
PLEASE CONTACT CUSTOMER CARE AT +1-888-825-9321 FOR SHIPMENTS NOT RECEIVED WITHIN 5 DAYS. REFUNDS WILL NOT BE ISSUED FOR SHIPMENTS CLAIMED AS UNDELIVERED IF NOT REPORTED WITHIN 30 DAYS.
For US shipments, standard shipping typically takes 5 – 7 business days. High priority shipping (including Priority Mail and First Class Package on checkout) typically takes 3 – 4 business days. Please take note that these excludes weekends and federally observed holidays. For orders placed during the weekend, we prioritize the shipping of these orders on Monday morning.
We do international shippings to Canada, United Kingdom, and Australia. See the estimate shipping time below:
First Class Package International - 7 to 21 business days
Priority Mail International - 6 to 10 business days
Priority Mail Express International - 3 to 5 business days
The estimate business days above varies per order and may exceed the estimate time frame due to certain factors such as customs checking and uncontrollable factors.
Delays caused by fortuitous events such as but not limited to natural disasters, customs checking and holding, and other uncontrollable factors are not included in the business days stated above and on the shipping method during checkout.
For all orders with the free shipping promo (including international orders), please note that we will ship your parcel via First Class Shipping only even if you choose other shipping options.
DISCLAIMER for International Orders Duties and Taxes: Import duties, taxes, and brokerage fees are not included in the product price or shipping and handling cost and it will be collected upon delivery from the carriers for certain packages. These charges are recipient's responsibility as we are only charging the transportation fee for the packages. You may check with your country's customs office to determine what these additional costs will be.
Additionally, you may review below additional information for shipments shipping to Canada which can imply to other countries as well. We cannot be held responsible or accountable for any taxes, duties, tariffs, quarantine fees, or package warehousing fees assessed by your local customs office. These charges are separate from your shipping charge, and you will be billed directly from them.
Below are some additional information regarding international shipments to Canada:
-Brokerage Fees The brokerage fees are a processing fee charged by the shipping company. This fee includes filling in a customs form to indicate the contents and value of the shipment and calculating duty and taxes. USPS For USPS, goods valued under 20 Canadian dollars are duty and excise tax exempt. Goods over 20 Canadian dollars will be subject to the applicable duties and excise taxes. Gift shipments received by mail that are valued under 60 Canadian dollars are duty and excise tax exempt. For all casual and commercial items valued under 1,600 Canadian dollars, Canada Post will collect the assessed duties and excise taxes and a handling fee of 5 Canadian dollars from the addressee.
Taxes- Each item entering Canada will be charged GST (General Sales Tax) and PST (Provincial Sales Tax - varies by province) based on the declared value.
Duties- Under NAFTA, items that are deemed manufactured in the US (and Mexico) are duty free. A duty (percentage) may be charged if the item is manufactured in another country.
Below are some additional information regarding international shipments to United Kingdom:
According to GOV.UK, "You may have to pay VAT, Customs Duty or Excise Duty on goods sent from outside the European Union (EU) before you can collect them."
Additionally, "This includes anything new or used that you: buy online, buy abroad and send back to the UK and receive as a gift."
Read more here: https://www.gov.uk/goods-sent-from-abroad
Below are some additional information regarding international shipments to Australia:
According to Australian Government Department of Home Affairs, "Things you buy over the internet will have the same rules, duties and screening processes applied as any other import. For goods with a value of AUD1000 or less, there are no duties, taxes or charges to pay at the border.
The value of the goods and how they arrive in Australia will determine how we clear them for delivery to you and what duty, taxes and charges may apply.
Goods (excluding tobacco, tobacco products and alcoholic beverages) with a value of AUD1000 or less are referred to as low value imports. From 1 July 2018, the GST may apply to these goods when imported from overseas by consumers in Australia.
If these goods arrive in Australia by air or sea cargo, they must have a Self-Assessed Clearance (SAC) Declaration. There is no charge for this declaration. This will be taken care of by the cargo company or freight forwarder if their services are engaged.
Goods arriving by post or mail do not require a SAC declaration."
Read more: https://www.homeaffairs.gov.au/trav/impo/buyi
Below are some additional information regarding international shipments to New Zealand:
According to New Zealand Customs Service, "Be aware of duty and GST that may apply when importing items into New Zealand. GST of 15% applies to all imported items, including anything you bought online or using a mail order catalogue. We calculate GST based on the total of:
- how much you paid for the item, plus
- any international transport and insurance costs, plus
- any import duty.
We do not collect any duties or GST where the total amount (duties + GST) for your package/shipment is less than NZ$60. This doesn’t apply to alcohol or tobacco."
Read more: https://www.customs.govt.nz/personal/duty-and-gst/duty-and-allowances/
All orders are shipped from United States and the customer might incur additional fees. The customs fees and taxes are not included in the product price paid to Fitoru and will be shouldered by the customer.
*For all international shipment that uses the free shipping promo code, please note that we will ship your parcel via First Class Shipping only even if you choose other shipping options.
Contacting Customer Service: You may contact our customer care department at +1-888-825-9321. Customer service is open from 8 AM to 5PM PST Monday to Friday with the exception of all major holidays.
1) Please do not return any product to us without first obtaining an RMA number from customer service.
2) If you do not receive your shipment within 5 working days from the date you placed your order, please contact us immediately so we can address the situation appropriately.
If cancelling your order, you may be charged the shipping fee if it has already been processed by the carrier.
For a refund of the product purchase price, you must be issued an RMA (Return Merchandise Authorization) within 30 days of your original purchase date, this means you need to return the product in order to get a refund. Shipping costs are non-refundable. Customer is responsible for all return shipping costs but we will happily pay return shipping fees if the delivery is a mistake of Fitoru’s (for example, you received a broken or wrong item). For Non-Trial products (straight sale), you can return products for 30 days after purchase date, with a $9.95 returns fee. The returns fee is applicable for all opened returned products.
If you have a purchase of more than 1 item, then only 1 item of each type is allowed to be opened (i.e. if you ordered 2 fitoru boxes, you can open each of the 3 pill bottles contained in one box, but the second box cannot be opened) – others must come back unopened and unused in order to receive FULL refund.
Under no circumstances will a refund be processed without proper RMA (return merchandise authorization) included. All returns must be returned to the Fitoru customer service department address provided via email or call confirmation with requested RMA number.
Refunds may take up to 4 weeks before they appear on the customer’s bank statement – most cases will be quicker, however due to return shipping time (3-9 business days), return processing (4-6 business days), and refund requests to the bank (4-9 business days), it can take up to 4 weeks.
For returns, contact us at (888) 825-9321 or email us at firstname.lastname@example.org to request an RMA (return merchandise authorization). No returns can be accepted for refund without RMA.
- We refund all cases of fraud and unauthorized transactions inclusive of all shipping and handling charges. Additional refunds are issued at the discretion of the company. Please contact directly at +1-888-825-9321 if you suspect any fraud or unauthorized transactions may have taken place.
- We reserve the right to replace any damaged products in lieu of refunding them at the discretion of the company.
- In instances where a refund is warranted and agreed to by the company, customers are restricted to receiving a single refund per product ordered. Multiple refunds for purchases processed in multiple months are not permitted - i.e. We will only consider refunding the most recent months transaction and never multiple past months.
- We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our judgment, requests refunds in bad faith.
- In order to request a refund, you must contact Our Customer Service Departmentat +1-888-825-9321. IN ORDER TO PROCESS A REFUND, ALL RETURNS MUST BE PRE-APPROVED AND ASSIGNED A RETURN MERCHANDISE AUTHORIZATION (RMA) NUMBER. If a refund is warranted, you will be provided with an RMA number and instructions on how to proceed.
- Once an RMA notice has been issued to you, you will automatically receive an RMA email confirmation and authorization.
- In order for your refund to be processed, you must include your RMA number in your return package in large and legible print. All returns outside are subject to a $9.95 returns fee.
- We must receive the remaining product back to our fulfillment facility with an RMA number issued by our customer service center. Once it is received and the RMA number logged into our systems, a refund will automatically be processed and you will receive an email confirmation that your refund has been processed. Please note that refunds are issued immediately upon processing your return, however, depending on the bank that issued the credit card a refund can take up to thirty (30) days to appear on your credit card statement.
- Shipping and handling costs are not refundable with the exception of fraud or unauthorized charges.
- A $9.95 returns fee is applicable for all opened returned orders.
- You are responsible for any costs incurred to package and safely return the product to our fulfillment facility.
TO BE ELIGIBLE FOR A REFUND, THE ITEM MUST MEET ALL OF THE FOLLOWING CRITERIA:
Customer has 30 days from the time of purchase to obtain an RMA number for all orders. After 30 days, the purchase is final and no returns are accepted.
Limit one (1) return per product, per household.
Return product must be returned to us within thirty (30) days for US orders and (45) days for International orders of the assigned Return Merchandise Authorization (RMA) number.
Customer is responsible for all return shipping costs.
Reversals and Chargebacks
We consider chargebacks and reversals as potential cases of fraudulent use of our services and/or theft of services and as such will be treated. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and or theft of services. IN THE EVENT THAT A REVERSAL OR CHARGEBACK CLAIM IS FILED WITH THE CARDHOLDER™S BANK, REFUND REQUESTS WILL BE DENIED BY OUR RISK MANAGEMENT DEPARTMENT TO PREVENT FRAUDULENT ACTIVITY ATTEMPTING TO OBTAIN MULTIPLE REFUNDS.
Credit Card Declines
In the event a credit card transaction declines, after product has been shipped or received, and you have not exercised your cancellation rights per the terms and conditions, we reserve the right to reprocess the transaction in full. This includes the right to resubmit the charge on or about every seven (7) days from the original declined transaction date and up to three (3) additional attempts thereafter. In the event of subsequent credit card declines, you authorize us to resubmit a reduced amount from one-half (1/2) or one-third (1/3) of the full purchase price until the full amount is obtained.
Contact Customer Care at +1-888-825-9321 if you have additional questions regarding credit card declines.
Damaged or Incorrect items
In the event that your order arrives damaged, or you receive the wrong item, please call our Customer Service Department at +1-888-825-9321 within 48 hours.
We ask that you do not dispose of any damaged products until you contact the Customer Service Department for instructions, as we may require the return of the damaged goods.
In the event of a damaged order, we will ship a replacement order promptly.
If you have ordered incorrectly, we will ship the correct item once we have received the return of the incorrect product.
All damaged orders must be reported within ten (10) business days of delivery.
Damaged orders not reported within ten (10) business days of delivery confirmation cannot be adjusted or credited.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FITORU LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. IN NO EVENT SHALL FITORU LLC OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES,UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, CLAIMS) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE PRODUCTS, OR THE CUSTOMER™S USE OF THE WEBSITE OR ANY PRODUCT. FITORU LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY FITORU, LLC WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; FITORU LLC FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS,MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. FITORU LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY FITORU LLC WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
You agree that Fitoru, LLCs' entire liability for all CLAIMS shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Fitoru, LLC in the one (1) month period immediately preceding the incident on which Your alleged claim is based. This limitation of liability shall apply for all CLAIMS, regardless of whether Fitoru, LLC was aware of or advised in advance of the possibility of damages or such CLAIMS. You understand that this is a significant limitation on your right to sue Company and you should not proceed if you do not agree. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties hereto or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to You.
CONSENT TO RECEIVE EMAILS FROM US
If you sign up via any of our opt-in forms, or make a purchase from any of our websites, we will send you emails anywhere from one to three times a week. These emails can be comprised of order confirmation, shipping confirmation, announcement type emails &/or our newsletter and informational emails that we send out regularly. Typically in our emails you will find relevant information that is related to the purchase you made with us, and the newest tips, tricks, and information related to the products you have purchased. Please remember that if you no longer wish to hear from us, you can simply unsubscribe at any time using the link in the footer of any email that we send you.
REPRESENTATIONS; PRODUCT DISCLAIMERS
Fitoru, LLC is committed to improving the well-being of our customers by providing safe and effective wellness products made with the highest quality ingredients. You understand, however, that Our Products have not been evaluated by the Food and Drug Administration, and Our Products are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or in emails is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care.
You understand that You should not use this information to diagnose or treat any health problems or illnesses without consulting Your doctor or physician. You further understand that this Product is not intended for use by persons under 18 years of age. You also understand that the Product is not intended or to be used to treat any type of medical condition such as obesity. You agree that You either have consulted, or will consult, with a physician or doctor before using any of Our Products, particularly if You suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other herbal medications, and You agree that you will cease immediately from taking or using Our Products if You experience any ill effects or unintended side effects of any Product. Fitoru, LLC endeavors to provide You with accurate information about Our Products. You understand and agree that the information Fitoru, LLC conveys about or Products and/or the efficacy of Our Products, is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities (Third Parties). Fitoru, LLC does not warrant or represent that such information is error-free, and Fitoru, LLC does not represent or endorse any Third Parties or the methods that they use to arrive at their conclusions. All Product specifications, performance data, and other information on the Website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Products will conform to such specifications or performance data.
Fitoru, LLC does not warrant or represent that Our Products will provide You with any particular benefits, or that Your results will match those of others who consume Our Products. Individual results will vary from person to person, and are dependent on a variety of factors.
By using the Website, You agree to comply with all applicable laws and regulations of the United States. The material provided on the Website is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Fitoru, LLC makes no representation that materials contained in the Website are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
You hereby represent and warrant that You are age eighteen (18) or older, that You have read this Agreement and thoroughly understand the terms contained in this Agreement, that any Products You purchase from the Website will be used for Your personal, non-commercial use, and that You will not re-sell, re-distribute or export any Product that You order from the Website. You further represent that Fitoru, LLC has the right to rely upon all information provided to Fitoru, LLC by You, and Fitoru, LLC may contact You by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders You placed, or considered placing, at or through the Website.
COPYRIGHT AND LICENSE
The content within this Site, including, without limitation, the design, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof, are the property of Fitoru, LLC, ALL RIGHTS RESERVED Copyright © 2017 Fitoru, LLC.
You are granted a limited, non-sublicensable right to access this Site, and print the Content information published on this Site for your personal, non-commercial, and informational use in accordance with the Terms herein, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. The foregoing license grant does NOT include the right for you to:
- publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the Site or the Content;
- sell, market, distribute, or make commercial use of the Site or any Content;
- use frame or framing techniques to enclose any portion of this Site (including the images, graphics, or video found at this Site, any text, or the layout/design of any page or form contained on a page); or
- collect and/or use any Content including the use of any robots, data spiders, or similar data gathering, mining or extraction methods.
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.
Trademarks and Service Marks
All Company product names, slogans, and logos on this Site are either trademarks, service marks, or registered trademarks of Company or its suppliers and licensors and are the property of Company. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. You may not use any meta tags or any other “hidden text” utilizing Company or any other name, trademark, or product name of Company without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Company’s names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Use of Material Submitted to Company (User Generated Content, “UGC”)
You will retain your ownership interest in all communications or files provided by you to Company, or this Site, via social media, message boards, forums, uploads, postings, and/or by electronic mail, telephone, text messaging, mail, or otherwise, including any text, pictures, videos, audio clips, comments, questions, suggestions, thoughts, or the like (collectively, the “Material”), and in any ideas, concepts, knowledge, or techniques (“Information”) contained in the Material. You hereby grant Company and its agents, affiliates, successors and assigns, a universal, non-exclusive, irrevocable, fully-paid and royalty-free, sublicensable and transferable license in perpetuity to use and/or edit all submitted Material in any manner and for any purposes on the Site. All such Material and Information is, and will be treated as, non-confidential and non-proprietary. Company retains the right to edit all submitted Material in any manner and for any purpose, but is under no obligation to do so. Company may not be able to review all Material submitted and nothing herein requires Company to use, review or distribute Material provided by a user. You represent and warrant that prior to submission, you own the Material and Information submitted by you, or that you otherwise have the right to grant use thereof as set forth in this section, and that the posting of said Material and/or Information on the Site does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. Company reserves the right to use the Material and Information for any purpose, including, but not limited to, posting, reproduction, disclosure, distribution, transmission, publication, and broadcast. Nothing herein requires Company to use, review or distribute the aforementioned Material and Information provided by a user. Company reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Material or Information that users provide, for any purpose, including, but not limited to, developing, manufacturing and marketing products or services using such information, and the user understands there shall be no consideration, royalties or other compensation from Company, its agents, affiliates or assigns for use of said Material or Information. Further, by providing Material and/or Information to the Site, each user and his/her respective heirs, hereby indemnify, discharge, release, and hold Company, together with its parents, agents, affiliates, successors, assigns, licensors, licensees, and their respective directors, members, shareholders, officers, employees, agents and representatives (collectively, the “Released Parties”), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the Material and/or Information. The user will not post commercial advertisements, “spam,” or other solicitations in any manner relating to other websites, products, or services.
For embedded or other material hosted on a third party server (e.g., a YouTube® video), said content shall be in compliance with the external site’s terms and conditions.
Company reserves the right to remove any Material or Information it deems to be offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, illegal, or an invasion of privacy, or which in any manner violates these Terms and Conditions.
Unauthorized Use Prohibited
The user will not post Material or Information resulting from unauthorized use, or impersonation, of another registered user’s identity, name, screen-name, or persona; however, Company is not responsible for screening for any such conduct. Company is not liable for any losses of any kind, including without limitation, consequential or special damages, caused by any unauthorized use of a user’s identity, name, screen-name, persona, or account, and you may be liable for the losses of Company or others due to such unauthorized use.
Third Party Links
Company may provide links to websites and other content of third parties as a service to those interested in this information. However, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site. The linked websites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience to you, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.
WEBSITE USER CONDUCT AND RESTRICTIONS
You must be 18 years of age or older to access Our Website. As a user of the Website, You agree that in connection with Your use of the Website and the content You will not:
- Upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyones privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Conduct Yourself in an inappropriate, offensive, indecent, or vulgar manner while using Our service or Website;
- Use the Website for any unlawful purpose;
- Upload, post, email, or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Website, the services, the content or servers or networks connected to the Website, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, the services, and/or the content, the terms of which are incorporated herein;
- Intentionally or unintentionally violate any applicable local, state, national, or international law.
Without the express prior written authorization of Fitoru, LLC, You may not:
- Duplicate the Website (except as expressly provided elsewhere in this Agreement or as permitted by law);
- Create derivative works based on the Website or any of the Intellectual Property;
- Remove any copyright or other proprietary notices from the Website or any of the Intellectual Property contained therein;
- Frame or utilize any framing techniques in connection with the Website or any of the Intellectual Property;
- Use any meta-tags or any other hidden text using the Website™s name or marks;
- Deep-link to any page of the Website;
- Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another persons user name and password in order to gain access to a restricted area of the Website);
- Use any data mining, bots, or similar data gathering and extraction tools on the Website;
- Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the Website, server or activities conducted therein; or,
- Take any action that imposes an unreasonable or disproportionately large load on the Website or its network infrastructure.
The following are the Fitoru promo code terms and conditions:
- Cannot be applied to previously placed orders.
- Not transferable or redeemable for cash or credit.
- Only one (1) promo code may be redeemed per customer/per household/ per promotion.
- Promo codes may require a minimum dollar value purchase.
- Promo codes cannot be used in combination with other discounts, coupons, promotions, shipping specials or other promo codes/giftcards.
- Even if a code is accepted at check out, all orders are reviewed by Fitoru Customer Support team prior to fulfillment. If orders are deemed in violation of any of these Terms and Conditions, they will be adjusted accordingly.
- Promo codes are not replaceable if lost, stolen or damaged.
- Promo code value applies only to the product price and does not apply to shipping, sales/taxes or fees.
- Fitoru reserves the right, without further notice to the holders of the promo codes, to modify the terms and conditions for use of the promo codes, or to suspend or cancel the promo code in whole or in part.
Digital Millennium Copyright Act
Company provides the Site as an interactive service provider and is not liable for any and all claims resulting from the use of Material or Information. Pursuant to the Digital Millennium Copyright Act, if a user feels unauthorized Material or Information has been posted on this Site, please notify us by mail at 301 Thelma Dr., #236 Casper, WY 82609 attention Support, or by email at email@example.com with the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted. In addition, any DMCA notice must also contain the following statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.
Your payment details will be securely transmitted to the Bank and Payment Companies for transaction authorization using up to 256-bit SSL encryption.
TERMINATION OF AGREEMENT
This Agreement shall remain in force as long as You access the Website, use any functions or features of the Website, or order anything from the Website. Fitoru, LLC reserves the right to terminate this Agreement without notice and/or refuse to sell to anyone who Fitoru, LLC believes, in Our sole discretion, (i) has violated any of the terms of this Agreement, (ii) is abusing the Products or the services Fitoru, LLC provides, or (iii) is unable to provide Us with sufficient information to allow Us to properly identify the customer’s real name, address, or other contact information.
The Website may provide links to other World Wide Web sites or resources. Fitoru, LLC has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from any Fitoru, LLC Website. Fitoru, LLC cannot ensure that You will be satisfied with any products or services that You purchase from a third-party site that links to or from any Fitoru, LLC Website or third-party content on our sites. Fitoru, LLC does not endorse any of the merchandise, nor has Fitoru, LLC taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Fitoru, LLC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against Fitoru, LLC with respect to such sites and third-party content. Fitoru, LLC strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither Fitoru, LLC nor its affiliates, officers, directors, shareholders, employees, independent contractors, telecommunications providers, or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Website. No link to the Website may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.deal.fitoru.com. Deep linking to internal pages of this Website is expressly prohibited without prior written consent from Fitoru, LLC.
Fitoru, LLC shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Fitoru, LLC™s performance.
Lost Package Policy
If your package shows that its been delivered at usps.com, dhl.com, ups.com, or fedex.com and you still haven’t received it, no problem! Just file a claim with the appropriate carrier and provide us with the claim number via email, chat or phone call.
We are not responsible for lost or stolen items if your order has been shipped to the correct address that you provided on your order or any shipping address that you confirmed. Customers agree that Fitoru LLC. does not have any liability on the order once it's already been shipped. It will be in the position of the carrier and it's the responsibility of the customer to communicate with the carrier regarding the lost or stolen items.
Please note that mail theft is punishable by law and is a federal crime, a felony that could result in prison time, the loss of the right to vote or hold public office, and significant fines. The taking of items through fraud, deception, or embezzlement are included within the definition of the crime. Mail theft includes but are not limited to: Hiding or destroying mail also constitutes mail theft, as does the purchase, receipt, or possession of mail that one knows was stolen.
In using this Site and/or purchasing Company’s Products, users expressly waive any and all claims that they may have against Company. You agree to indemnify, defend, and hold harmless Company and its affiliates, successors, assigns, licensors and licensees, together with all of their officers, directors, shareholders, members, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the Materials and Information on the Site.
DISPUTE RESOLUTION BY BINDING ARBITRATION
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by writing to us at Fitoru, LLC, 301 Thelma Dr., #236 Casper, WY 82609, USA. We will contact you by letter to your billing address you provided us.
Instead Of Suing In Court, We Each Agree To Arbitrate Disputes
If either Fitoru, LLC or You wants to arbitrate a dispute, We each agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to You will be sent to Your billing address that You provided Us and notice to Us will be sent to: Fitoru, LLC, 301 Thelma Dr., #236 Casper, WY 82609, USA. We each agree to make attempts to resolve this dispute within forty-five (45) days of receipt of the notice to arbitrate, then We may submit the dispute to formal arbitration.
The FAA applies to this Agreement and arbitration provision. We each agree that the FAA™s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
The arbitration will be administered by the National Arbitration Forum (NAF) under its arbitration rules. If any NAF rule conflicts with the terms of this Agreement, the terms of this Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
Unless We each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the state of Your last billing address. The federal or state law that applies to the Agreement will also apply during the Arbitration.
We each agree not to pursue arbitration on a consolidated or classwide basis. We each agree that any arbitration will be solely between You and Fitoru, LLC (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator hold that this restriction in unconscionable or unenforceable, then this agreement to arbitrate does not apply and the dispute must be brought in court.
We each are responsible for our own costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, Fitoru, LLC will cover any arbitration administrative or filing fee above: (a) $25 if You are seeking less than $1,000 from Fitoru, LLC; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THATIS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITYON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHERPROCEEDING.
No waiver of or by Fitoru, LLC shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website and Your ordering and use of the Products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
MODIFICATIONS OF AGREEMENT
Fitoru, LLC reserves the right to change any of the provisions posted herein and You agree to review these terms and conditions each time You visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes Your acceptance of such changes. Fitoru, LLC does not and will not assume any obligation to provide You with notice of any change to this document. Unless accepted by Fitoru, LLC in writing, these terms and conditions may not be amended by You.